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KRETSCHMANN v. BD. OF EDUC.

294 A.D.2d 39 (2002)

744 N.Y.S.2d 106

KAYE KRETSCHMANN, Respondent, v. BOARD OF EDUCATION OF CORNING PAINTED POST SCHOOL DISTRICT et al., Defendants, and STETSON-DALE, Also Known as STETSON-DALE HARZA, Appellant. (Action No. 1.) KAYE KRETSCHMANN, Respondent, v. STETSON-DALE, Also Known as STETSON-DALE HARZA, Appellant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 14, 2002.

Attorney(s) appearing for the Case

Matthew David Gumaer, Syracuse, for defendant-appellant.

Scott J. Learned, Elmira, for respondent.

PINE, J.P., HURLBUTT, BURNS and LAWTON, JJ., concur.

OPINION OF THE COURT

GORSKI, J.

The issue before us on this appeal, one of first impression in New York, is whether a second action may be deemed timely commenced pursuant to CPLR 205 (a) despite the dismissal of the first action based on plaintiff's initial failure to serve the notice of claim required by CPLR 214-d (1). For the reasons that follow, we conclude that Supreme Court properly determined that a second action may be deemed timely commenced despite...

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